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July 12th, 2010, 06:11 PM #1
Shaw's Bridge Park is violating preemption
well i just got back from taking my dog to Shaw's Bridge Park along the Brandywine at 270 S. Creek Road. as i was leaving, i read their park regulations sign and found them to be in direct violation of state preemption:
§ 6120. Limitation on the regulation of firearms and ammunition.
a.General rule. -- No county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms, ammunition or ammunition components when carried or transported for purposes not prohibited by the laws of this Commonwealth.
a.1 No right of action. --
1.No political subdivision may bring or maintain an action at law or in equity against any firearms or ammunition manufacturer, trade association or dealer for damages, abatement, injunctive relief or any other relief or remedy resulting from or relating to either the lawful design or manufacture of firearms or ammunition or the lawful marketing or sale of firearms or ammunition to the public.
2.Nothing in this subsection shall be construed to prohibit a political subdivision from bringing or maintaining an action against a firearms or ammunition manufacturer or dealer for breach of contract or warranty as to firearms or ammunition purchased by the political subdivision.
b.Definitions. -- As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Dealer." The term shall include any person engaged in the business of selling at wholesale or retail a firearm or ammunition.
"Firearms." This term shall have the meaning given to it in section 5515 (relating to prohibiting of paramilitary training) but shall not include air rifles as that term is defined in section 6304 (relating to sale and use of air rifles).
"Political subdivision." The term shall include any home rule charter municipality, county, city, borough, incorporated town, township or school district.
(Oct. 18, 1974, P.L.768, No.260, eff. imd.; Dec. 19, 1988, P.L.1275, No.158, eff. 180 days; Oct. 4, 1994, P.L.571, No.84, eff. 60 days; Dec. 15, 1999, P.L.915, No.59, eff. imd.)
1999 Amendment. Section 9 of Act 59 provided that the amendment of section 6120 shall apply to all actions pending on or brought after the effective date of the amendment of section 6120.
I will be contacting East Bradford Township and i encourage everyone reading this to do the same.
this shit has got to stop
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